Should I file for temporary needs?

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Should I file for temporary needs?

14 months ago my ex wife, who has court ordered primary residence, turned my daughter over to me. My daughter is now in her 2nd year of school living with me yet I have continued to pay the support to my ex. I want to file for modification but fear my ex will just demand my daughter back. Should I file for temporary needs first before I start the modification process?

Asked on August 29, 2012 under Family Law, Florida

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Of course the best solution would be for your ex to agree to a modification but from the way that you have phrased the question here I am assuming that that is not a possibility.  What you need to do really is to stop living in fear and seek legal help to modify the custody order as well as the support order.  Although the particualrs of the original order are not known here (why she became the custodial parent) the last two years are evidence enough that you have the ability to be that parent now.  Get help.  Good luck.


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